Fostering Fair &
Inclusive Workplaces

Prevent Misclassification, Protect Your Business


The Workplace Fraud Act ensures that workers are correctly classified as employees or independent contractors, safeguarding their rights and creating a level playing field for contractors.

Key Tips for Compliance:

• Classify workers accurately as employees or independent contractors.

• Maintain accurate records for three years, including pay rates, hours worked, and agreements.

• Contact the Office of Construction Enforcement for assistance or to file a workplace fraud complaint.

If your company receives a Notice of Charge of Discrimination, it means a complaint has been filed—not that you’ve been found at fault. Here’s what to expect:

• You’ll be notified and may choose mediation early in the process.
• If you don’t mediate, submit an answer and position statement to OAD and share a copy with the charging party (except for witness names, medical files, or trade secrets).
• Within about 60 days, OAD will make a preliminary determination:
  • Mediation – if both parties agree.
  • No Reasonable Cause – may lead to dismissal.
  • Further Investigation – if more information is needed.
• Cooperate fully, respond on time, and keep all relevant records.
• OAD remains a neutral investigator and may contact you for on-site visits, document reviews, or interviews.

Once an intake or complaint is accepted under Delaware law, the Office of Anti-Discrimination:

• Confirms it has jurisdiction
• Notifies the employer
• Collects information from both parties
• Reviews documents and written responses
• May conduct interviews
• Evaluates the evidence
• Issues a determination of Reasonable Cause or No Reasonable Cause

The Office acts as a neutral fact-finder, not an advocate for either side.

Once OAD completes its review, one of the following outcomes will occur:

• No Reasonable Cause – The case is closed. The charging party receives a Right to Sue notice allowing them to file in state court within 90 days.
• Reasonable Cause – Both parties are invited to conciliation, a voluntary process to resolve the issue before litigation.
• OAD encourages employers to participate fully—conciliation often helps both sides avoid lengthy, costly legal action.

A free, voluntary, and confidential way to resolve charges before an investigation begins.

• Most sessions take 1–5 hours and can close a case immediately.
• Mediators are neutral third parties.
• Agreements reached are enforceable, and information discussed is not used in investigations.

No-Fault Settlement

You can settle a case at any time during an investigation. Settlements are voluntary, informal, and enforceable.

There is no admission of liability, and early resolution often saves time and resources.

Conciliation

If OAD finds discrimination occurred, both parties are invited to conciliation.

This is a final chance to resolve the charge informally before litigation.

Agreements reached remove the uncertainty and cost of going to court.